• Judge Onyango said the letter interdicting Wanyonyi does not comply with provisions of Kemsa’s human resource policy.
• The judge gave the orders on August 31, following an application by Wanyonyi.
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The court has suspended the decision by the Kenya Medical Supplies Authority to interdict legal services director Fredrick Wanyonyi.
Judge Maureen Onyango gave temporary orders, saying the letter interdicting Wanyonyi does not comply with Kemsa’s human resource policy.
The policy provides that interdiction is to be resorted to only where investigations are being conducted that may lead to an officer’s interdiction and for a period not exceeding three months.
The judge gave the orders on August 31, following an application by Wanyonyi.
He was interdicted for allegedly failing to properly advise the management and board on awarding contracts relating to the procurement of Covid-19 protective kits, and for divulging information on mismanagement of pandemic funds to unauthorised persons.
Wanyonyi had sued the acting CEO and board of directors.
He further asked the court to stop any disciplinary action against him.
His interdiction occurred after Kemsa held a meeting on August 24, following media reports of misuse of Covid-19 funds.
During the meeting, Kemsa sought to know who leaked the information on alleged misappropriation of Covid-19 funds to the public.
“Having failed to get an appropriate answer, the chairman of the 2nd respondent [Kemsa board] ended the meeting by stating that he was aware of the person who leaked the said information to the public,” suit papers by Wanyonyi read.
It is also claimed that the chairman issued threats to sack the unnamed person.
The following day, Wanyonyi was served with the interdiction letter.
Wanyonyi says his interdiction is a punitive measure because he is alleged to be the person who had leaked the information on misuse of Covid-19 funds to the public.
He defended himself in court, saying the issue of awarding contracts falls within the mandate of the directorate of procurement, in which he has a limited role.
In any event, Kemsa had sought the legal opinion of the Attorney General on procurement procedures applicable to urgent purchases to deal with Covid-19 pandemic.
Wanyonyi says his interdiction is unfair because there is no pending disciplinary hearing and he has not been asked to make any representation, which amounts to being condemned unheard.
Wanyonyi was directed to serve his suit papers on the other parties.
(Edited by V. Graham)